[Federal Register Volume 77, Number 217 (Thursday, November 8, 2012)]
[Proposed Rules]
[Pages 66942-66945]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-27270]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 110
[Docket No. USCG-2012-0103]
RIN 1625-AA01
Anchorages; Lower Mississippi River, Above Head of Passes,
Convent, LA and Point Pleasant, LA
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish two anchorage areas on
the Lower Mississippi River, above the Head of Passes (AHP). The first
would be located at the Belmont Light extending from Mile Marker (MM)
152.9 to 154 on the Left Descending Bank (LDB) of the river, the second
at Bayou Goula, extending from MM 197.7 to 198.7 on the Right
Descending Bank (RDB) of the river. These proposed anchorages would
double the available anchorage area in these sections of the river,
which is necessary to help accommodate increased vessel volume and
improve navigational safety for vessels transiting these river
sections.
DATES: Comments and related material must be received by the Coast
Guard on or before December 10, 2012.
ADDRESSES: You may submit comments identified by docket number USCG-
2012-0103 using any one of the following methods:
(1) Federal eRulemaking Portal: http://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail or Delivery: Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries
accepted between 9 a.m. and 5 p.m., Monday through Friday, except
Federal holidays. The telephone number is 202-366-9329.
See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments. To avoid duplication, please use only one of these
three methods.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Commander (LCDR) Brandon Sullivan, Sector New
Orleans, U.S. Coast Guard; telephone (504) 365-2280, email
Brandon.J.Sullivan@uscg.mil. If you have questions on viewing or
submitting material to the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided.
1. Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (USCG-2012-0103), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online at http://www.regulations.gov, or by fax, mail, or hand
delivery, but please use only one of these means. If you submit a
comment online via www.regulations.gov, it will be considered received
by the Coast Guard when you successfully transmit the comment. If you
fax, hand deliver, or mail your comment, it will be considered as
having been received by the Coast Guard when it is received at the
Docket Management Facility. We recommend that you include your name and
a mailing address, an email address, or a telephone number in the body
of your document so that we can contact you if we have questions
regarding your submission.
To submit your comment online, go to http://www.regulations.gov,
type the docket number (USCG-2012-0103) in the ``SEARCH'' box and click
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with
this rulemaking.
If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit
[[Page 66943]]
comments by mail and would like to know that they reached the Facility,
please enclose a stamped, self-addressed postcard or envelope. We will
consider all comments and material received during the comment period
and may change the rule based on your comments.
The comment period for this NPRM is 30 days from the date of
publication in the Federal Register. The Lower Mississippi River
Waterway Safety Advisory Committee, a Federal Advisory Committee,
formally recommended creation of these anchorages at the committee
meeting in December 2011. A comment period greater than 30 days is
unnecessary in this case due to extensive discussion regarding these
proposed anchorages that has occurred since that time. However, we will
consider requests to extend the comment period.
2. Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
type the docket number (USCG-2012-0103) in the ``SEARCH'' box and click
``SEARCH.'' Click on Open Docket Folder on the line associated with
this rulemaking. You may also visit the Docket Management Facility in
Room W12-140 on the ground floor of the Department of Transportation,
West Building, 1200 New Jersey Avenue SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays.
3. Privacy Act
Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
4. Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one using one of the methods specified under ADDRESSES.
Please explain why you believe a public meeting would be beneficial. If
we determine that one would aid this rulemaking, we will hold one at a
time and place announced by a later notice in the Federal Register.
B. Basis and Purpose
The Coast Guard is authorized under section 7 of the Rivers and
Harbors Act of 1915 (33 U.S.C. 471) to establish anchorages in the
navigable waters of the United States through the regulations found in
33 CFR parts 109 and 110. At its December 2011 meeting, the Lower
Mississippi River Waterway Safety Advisory Council (LMRWSAC)
recommended the establishment of two anchorage areas in the Lower
Mississippi River (LMR), AHP. LMRWSAC, a Congressionally-chartered
Federal advisory committee, is responsible for advising, consulting
with, and making recommendations to the Secretary of Homeland Security
on navigational safety matters relating to the Lower Mississippi River.
Participants at the December 2011 LMRWSAC meeting noted that the
anchorages are necessary to address navigation safety concerns arising
from the increased volume of vessels in the proposed areas. After
extensive discussions, including observations of and comments from
members of the public in attendance, LMRWSAC recommended that the Coast
Guard establish the two anchorages.
Based on the recommendation of LMRWSAC, the Coast Guard proposes
the two anchorage areas. The designated anchorage areas would relieve
congestion and provide anchorage space to accommodate the increasing
volumes of traffic in these areas of the LMR. The grain facility Zen-
Noh predicts a steady 10 percent increase of vessels annually over the
next 5 years. The recent addition of the Nucor Steel Louisiana iron
making facility will further increase traffic; they are predicting the
facility will serve 4-5 Panamax sized vessels a month.
In addition, the establishment of the Bayou Goula Anchorage would
not only double the anchorage space available between Burnside, LA and
Baton Rouge, LA, it would also provide a much needed alternative to
anchor vessels during dredging operations at the White Castle
Anchorage.
C. Discussion of Proposed Rule
The proposed amendment would create two new anchorage areas to be
known as the Belmont Anchorage and Bayou Goula Anchorage. The Belmont
Anchorage includes the area 1.1 miles in length along the left
descending bank of the river extending from mile 152.9 (Belmont Light)
to mile 154.0 above Head of Passes. The width of the anchorage is 300
feet. The inner boundary of the anchorage is a line parallel to the
nearest bank 400 feet from the water's edge into the river as measured
from the LWRP. The outer boundary of the anchorage is a line parallel
to the nearest bank 700 feet from the water's edge into the river as
measured from the LWRP. The anchorage may also be viewed by drawing
rhumb lines joining points at:
Latitude Longitude
30[deg]00'51.494'' 90[deg]46'35.574''
30[deg]00'52.881'' 90[deg]46'36.609''
30[deg]00'52.074'' 90[deg]46'40.399''
30[deg]00'48.973'' 90[deg]46'51.478''
30[deg]00'47.038'' 90[deg]46'59.290''
30[deg]00'43.370'' 90[deg]47'8.183''
30[deg]00'40.939'' 90[deg]47'13.687''
30[deg]00'36.914'' 90[deg]47'20.258''
30[deg]00'30.675'' 90[deg]47'29.094''
30[deg]00'25.657'' 90[deg]47'35.682''
30[deg]00'18.677'' 90[deg]47'43.214''
30[deg]00'15.448'' 90[deg]47'39.349''
The Bayou Goula anchorage includes the area 1.0 mile in length
along the right descending bank of the river extending from mile 197.7
to mile 198.7 above the Head of Passes. The width of the anchorage is
500 feet. The inner boundary of the anchorage is a line parallel to the
nearest bank 200 feet from the water's edge in the river as measured
from the LWRP. The outer boundary of the anchorage is a line parallel
to the nearest bank 700 feet from the water's edge into the river as
measured from the LWRP. The anchorage may also be viewed by drawing
rhumb lines joining points at:
Latitude Longitude
30[deg]14'18.387'' 91[deg]07'31.710''
30[deg]14'20.749'' 91[deg]07'34.063''
30[deg]14'15.236'' 91[deg]07'49.009''
30[deg]14'11.122'' 91[deg]07'56.033''
30[deg]14'7.648'' 91[deg]08'1.368''
30[deg]14'1.284'' 91[deg]08'10.983''
30[deg]13'56.444'' 91[deg]08'19.028''
30[deg]13'51.207'' 91[deg]08'23.955''
30[deg]13'47.977'' 91[deg]08'20.737''
The anchorage areas would be for temporary use by vessels of all
types. Vessels may occupy the anchorage areas during a wide range of
conditions and for a broad variety of purposes. For example, vessels
would be allowed to anchor temporarily while taking on stores,
transferring personnel, or engaging in bunkering operations. Vessels
would also be allowed to use anchorage areas while awaiting weather and
other conditions favorable to resuming their voyage. The Captain of the
Port New Orleans or his designated representative may direct the
movement of any vessel anchored or moored within the anchorage areas.
D. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes or executive orders.
[[Page 66944]]
1. Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. The impacts on routine
navigation are expected to be minimal because the proposed anchorage
areas would not unnecessarily restrict traffic as they are located
outside of the established navigation channel. Vessels would be able to
maneuver in, around, and through the anchorages. Operators who choose
to maneuver their vessels around a proposed anchorage area would not be
significantly impacted because the total distance to transit around
each anchorage perimeter to the other side does not exceed more than
1.1 nautical miles.
2. Impact on Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered the impact of this proposed rule on small entities. The
Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule
will not have a significant economic impact on a substantial number of
small entities. This proposed rule would affect the following entities,
some of which may be small entities: The owners or operators of vessels
intending to transit through the proposed anchorage areas at both
Belmont and Bayou Goula. These anchorages would not have a significant
economic impact on a substantial number of small entities for the
following reasons: The anchorages would double the anchorage areas in
both proposed locations, thus allowing greater vessel volume in order
to meet the growing economic needs of facilities along the river, and
vessel traffic could pass safely around the anchorages.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
3. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact the person listed in the FOR
FURTHER INFORMATION CONTACT, above. The Coast Guard will not retaliate
against small entities that question or complain about this proposed
rule or any policy or action of the Coast Guard.
4. Collection of Information
This proposed rule would not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520.).
5. Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this proposed rule
under that Order and have determined that it does not have implications
for federalism.
6. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places, or vessels.
7. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
8. Taking of Private Property
This proposed rule would not cause a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
9. Civil Justice Reform
This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.
10. Protection of Children From Environmental Health Risks
We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
11. Indian Tribal Governments
This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
12. Energy Effects
This proposed rule is not a ``significant energy action'' under
Executive Order 13211, Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use.
13. Technical Standards
This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
14. Environment
We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01 and Commandant Instruction
M16475.lD, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have made a preliminary determination that this action is one of a
category of actions that do not individually or cumulatively have a
significant effect on the human environment. This proposed rule
involves establishing anchorages and as such is categorically excluded,
under figure 2-1, paragraph (34) (f) of the Instruction. A preliminary
``Environmental Analysis Check List'' supporting this determination is
available in the docket where indicated under ADDRESSES. We seek any
[[Page 66945]]
comments or information that may lead to the discovery of a significant
environmental impact from this proposed rule.
List of Subjects in 33 CFR Part 110
Anchorage Regulations.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 110 as follows:
PART 110--ANCHORAGE REGULATIONS
1. The authority citation for part 110 continues to read as
follows:
Authority: 33 U.S.C. 471, 1221 through 1236, 2030, 2035, 2071;
33 CFR 1.05-1; Department of Homeland Security Delegation No.
0170.1.
2. In Sec. 110.195(a), add new paragraphs (34) and (35) to read as
follows:
Sec. 110.195 Mississippi River below Baton Rouge, LA, including South
and Southwest Passes.
(a) * * *
(34) Belmont Anchorage. An area 1.1 miles in length along the left
descending bank of the river extending from mile 152.9 (Belmont Light)
to mile 154.0 above Head of Passes. The width of the anchorage is 300
feet. The inner boundary of the anchorage is a line parallel to the
nearest bank 400 feet from the water's edge into the river as measured
from the LWRP. The outer boundary of the anchorage is a line parallel
to the nearest bank 700 feet from the water's edge into the river as
measured from the LWRP.
(35) Bayou Goula Anchorage. An area 1.0 mile in length along the
right descending bank of the river extending from mile 197.7 to mile
198.7 above the Head of Passes. The width of the anchorage is 500 feet.
The inner boundary of the anchorage is a line parallel to the nearest
bank 200 feet from the water's edge in the river as measured from the
LWRP. The outer boundary of the anchorage is a line parallel to the
nearest bank 700 feet from the water's edge into the river as measured
from the LWRP.
* * * * *
Dated: October 30, 2012.
Roy A. Nash,
Rear Admiral, U. S. Coast Guard, Commander, Eighth Coast Guard
District.
[FR Doc. 2012-27270 Filed 11-7-12; 8:45 am]
BILLING CODE 9110-04-P